- 49 - The realization of the “plan” is demonstrated in a stipulated exhibit. For example, in 1992 ERG had $2,704,096 in total sales and allocated $275,867 in royalties to NPI.46 Similarly, in 1993 ERG had total sales of $2,440,139 and allocated $244,023 in royalties to NPI.47 ERG reported a profit in 1989, 1990, and 1993 of $77,930, $79,576, and $76,941, respectively. Because many of ERG’s payments to NPI were made after the purported royalties and engineering services were supposedly earned, there had to be a plan or basis upon which the funds were attributed to the tax years at issue.48 At trial, Mr. Bradac 46NPI’s original 1992 return reported royalty income of $907,443. 47NPI’s original 1993 return reported royalty income as $220,000. 48Jill Toibin, C.P.A., prepared the Bensons’ 1992 Form 1040. On or about Oct. 3, 1996, Toibin wrote a memorandum to her file which states in pertinent part: I asked Burt if all disbursements from ERG were ordinary and necessary business expenses of the corporation and he confirmed in the positive. He indicated that the corporation has a royalty agreement with New Process Industries (a related corporation). In addition, New Process provides services to ERG through the action of the employee owner (himself) that are not covered by the rent agreement, so that engineering services are paid to compensate the corporation for these services. At trial, Toibin testified that the classification of engineering services was on the basis of Burton’s representations that he provided “know-how, show-how, something of value to NPI”.Page: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
Last modified: May 25, 2011